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Ask Brisbane-Lawyer Your Own Question
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14361
Experience:  I did my law degree at the University of Queensland
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I need help please!!!

This answer was rated:

I need help please!!!
To whom it may concern
Hi, my name is XXXXX XXXXX writing to seek leagle advise,
My husband and i are currently buying a villa/townhouse
Unit 1/4 rice place, Oxley park,
My father in-law passed on mid last year and my husband had leave to go overseas for the funeral,
I lost my job and ever since we've struggled to pay our mortgage,we've been falling behind due to other bills, but we try to get back up but this time we really need advise please!!!
We received a letter " writ of possession-notice to vacate" yesterday and they have given us until wednesday 4th september 2013 to vacate from the premises.
There are no further extensions to this time frame unless initiated by the plaintiff.
I don't understand what plaintiff is please,
We would really appreciate it if you could please help us
Thank you for your time
Is there a Court stamp on the writ of possession - notice to vacate?
Customer: replied 3 years ago.
Thank-you for replying
There is no stamp,sorry I've never done this before and I'm not really good at writing, the lawyers that sent the claim of possession is gardens lawyer
Did they give you a form 12 at all?

Also, how many payments have you missed?
Customer: replied 3 years ago.
Sorry i dont know what what a 12 form means, theres 3 pages only, ive missed 5 payments of $550
Okay, in that case you don't need to worry yet.

When you get a default notice which has a Form 12 attached to it, that is when you are in serious trouble. Right now you are only in the stage of early defaults.

Obviously you and your husband will need to catch up and bring the mortgage back into good standing. But the letter is largely to scare you. I recommend you contact your bank to work out a plan to catch up, and if you can't do that, then your best bet is simply selling the property.

But no one will be showing you the door on 4 September.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question. Your question can continue even after you leave positive feedback, so if you have any follow up questions please don't be afraid to ask.
Customer: replied 3 years ago.
I spoke with the bank the last time and he said if i fall back again i will lose the house, and selling the house isnt what we want to do we've lived in it for nearly 8 years im sorry if im wasting your time but i do really appreciate your help, is there any way that you could speak to the bank on my behalf or is there such a thing like that? Or is there a way that i can get an easy loan somehow?
Unfortunately I cannot speak to the bank on your behalf. However, don't be too concerned about the 4 September 2013 deadline. They will need at least a month more to get a Form 12 eviction.

In the meantime I recommend you make a complaint about this to the Financial Services Ombudsman. Simply call the Ombudsman's office on (03) 9613 7366 and tell the person who answers that you want to "Lodge a Dispute". Be sure to use those words, or they may send you to the incorrect department.

The dispute department will ask you to fax or email or post to them a letter detailing the situation, what action you took to resolve this problem with your bank, and lastly, why you feel aggrieved. If you don't want to write this all down, you can explain it to the person on the phone who can take down all the relevant details, but that of course, could take a while to explain it all. Once the Ombudsman has the written complaint, they will investigate. The Ombudsman aims to resolve every dispute within forty five (45) days.

So that can delay the bank for a while as well.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
Brisbane-Lawyer and 2 other Australia Law Specialists are ready to help you
Customer: replied 3 years ago.
Thankyou very much for your help but i do recall last year a man came over with 2 forms one for me and another for my husband, there were allot of pages and im not sure if those would be the 12 forms, i need to get home to have a look please wait for me!!!
Customer: replied 3 years ago.
Thankyou very much for your help i feel allot better now, and thankyou for the time you spent answering my questions!!! Really appriciated!!!
Ive never done this before its a first time experience for me because i thought i was lising my mind but everythings under control now and if it wasnt for you i would have just given up on our mortgage,
Thankyou!!!!!!!! :)
Glad I was able to help. I suggest you review the forms the man left, and make double sure none of them say Form 12.

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